[Senate Report 117-169]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 511
117th Congress      }                                   {       Report
                                 SENATE
 2d Session         }                                   {      117-169

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            MOUNT DESERT ISLAND AFFORDABLE WORKFORCE HOUSING

                                _______
                                

               September 27, 2022.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 4114]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 4114), to amend Public Law 99-420 to 
provide for the conveyance of certain Federal land in the State 
of Maine for use for affordable workforce housing and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment, in the nature of a substitute, and 
recommends that the bill, as amended, do pass.

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. CONVEYANCE OF CERTAIN FEDERAL LAND IN MAINE FOR AFFORDABLE 
                    WORKFORCE HOUSING.

    Section 102(f) of Public Law 99-420 (16 U.S.C. 341 7 note) is 
amended by striking ``by any town which so desires'' in the first 
sentence and all that follows through the period at the end of 
paragraph (2) and inserting the following: ``for affordable workforce 
housing to benefit the towns on Mount Desert Island, subject to the 
limitation that the Secretary may retain not more than 15 acres of the 
Federal land identified as `4DBH' on the map, to be used by the 
Secretary to provide housing and administrative facilities for the use 
of, and supporting the purposes of, the Park.''.

                                Purpose

    The purpose of S. 4114 is to allow for certain Federal land 
in the State of Maine previously authorized for conveyance to 
the town of Bar Harbor for a solid waste transfer station under 
Public Law 99-420, to be used instead for affordable workforce 
housing.

                          Background and Need

    The National Park Service (NPS) currently retains an 
undeveloped parcel (55.3 acres) in the village of Town Hill, 
Maine. The property is located outside the boundary of Acadia 
National Park and was donated to the NPS in 1960. The 1986 park 
boundary act directed the NPS to convey this parcel to the town 
of Bar Harbor for use as a solid waste transfer station. 
However, over the last 35 years this transfer requirement has 
never been acted upon. Over the years, the need for a 
centralized transfer station for Mount Desert Island has since 
diminished, and the town of Bar Harbor has not acted on the 
legislation. At the same time, the need for affordable 
workforce housing has become a universal concern for the towns 
on Mount Desert Island.
    The NPS proposes to work with the towns and other 
stakeholders on Mount Desert Island to develop a plan to use 
the Town Hill parcel for affordable year-round and seasonal 
employee housing. Under this legislation, the NPS would retain 
not more 15 acres of the Town Hill site to be used by the 
Secretary to provide housing and administrative facilities 
supporting the purposes of the park, and the remaining land 
would be conveyed at no cost to any town on the island for 
affordable workforce housing.

                          Legislative History

    S. 4114 was introduced by Senators King and Collins on 
April 28, 2022. The Subcommittee on National Parks held a 
hearing on S. 4114 on May 11, 2022.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 4114, as 
amended as described herein.

                                Summary

    S. 4114 amends Public Law 99-420 to allow the conveyance of 
the 55.3-acre parcel previously authorized for conveyance as a 
solid waste transfer station to instead be made available for 
affordable workforce housing, subject to the limitation that 
the Secretary may retain not more than 15 acres of the parcel 
(as depicted on the referenced map), to be used by the NPS to 
provide housing and administrative facilities in support of 
Acadia National Park.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 4114 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 4114. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 4114, as ordered reported.

                   Congressionally Directed Spending

    S. 4114, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of the Interior at 
the May 11, 2022, subcommittee hearing on S. 4114 follows:

   Statement of Michael A. Caldwell, Acting Associate Director, Park 
Planning, Facilities and Lands, National Park Service, U.S. Department 
                            of the Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 4114, a bill to amend 
Public Law 99-420 to provide for the conveyance of certain 
Federal land in the State of Maine for use for affordable 
workforce housing, and for other purposes.
    The Department supports S. 4114 and recommends technical 
amendments.
    In 1986, Congress directed the Secretary of the Interior to 
convey the land described in S. 4114 to the Town of Bar Harbor 
to be used as a solid waste transfer station (P.L. 99-420). A 
waste transfer station was never constructed on the parcel. S. 
4114 would amend P.L. 99-420 to allow this land to be used for 
affordable workforce housing. The conveyance is subject to the 
limitation that the Secretary may retain not more than 15 acres 
of the Federal land identified as `4DBH' on the map, to be used 
by the Secretary to provide housing and administrative 
facilities for the use of and supporting the purposes of Acadia 
National Park (Park).
    As is common at many National Park units, finding 
affordable housing in the Park's gateway communities on Mount 
Desert Island is a significant challenge for both the National 
Park Service (NPS) employees and their counterparts in the 
private sector. Much of the area's housing stock now consists 
of high-cost, short-term rentals, which has created a much more 
challenging housing situation than what existed just a few 
years ago for both permanent and seasonal employees. At the 
same time, the Park has experienced unprecedented growth in 
visitation, thereby intensifying the need for park employees to 
provide visitor services and ensure the protection of park 
resources.
    The NPS acquired an undeveloped 55.3-acre parcel in the 
village of Town Hill in Bar Harbor, Maine by donation in 1960. 
As mentioned above, in 1986, P.L. 99-420 established a 
permanent boundary for the park and directed the NPS to convey 
the parcel, which is outside the boundary of the park, without 
monetary consideration to the town of Bar Harbor for use by any 
town on Mount Desert Island as a solid waste transfer station. 
A centralized transfer station for Mount Desert Island is no 
longer needed. At the same time, the need for affordable 
workforce housing has become a universal concern for the towns 
on Mount Desert Island as it has for the NPS.
    The provisions of this bill will enable the Park and local 
communities to facilitate the development of affordable year-
round and seasonal workforce housing for eligible residents 
that would be of mutual benefit to the NPS and Mount Desert 
Island. The proposal to repurpose this parcel for the 
development of affordable workforce housing has been reviewed 
and was unanimously endorsed by the Bar Harbor Town Council, 
and the selectboards of the towns of Mount Desert, Southwest 
Harbor, and Tremont.
    The Department recommends including further technical 
amendments to the underlying statute, P.L. 99-420, by deleting 
the words ``by any town which so'' that immediately precede 
``desires'' as described in Section 1 of this bill and deleting 
the words ``that requests the conveyance of the land'' in the 
bill. In addition, the Department recommends inserting the 
words ``to benefit the towns of Mount Desert Island'' following 
the words ``affordable workforce housing''. We would be happy 
to work with the sponsor and the Committee to develop these 
amendments.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 4114, as ordered reported, are shown below 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 99-420


 AN ACT To establish a permanent boundary for the Acadia National Park 
in the State of Maine, and for other purposes.

           *       *       *       *       *       *       *


SEC. 102. LANDS WITHIN BOUNDARIES.

           *       *       *       *       *       *       *


    (f) Notwithstanding any other provision of this section, 
land depicted on the map identified as 4DBH, located in the 
village of Town Hill, Maine, shall be conveyed by the Secretary 
without monetary consideration, to the town of Bar Harbor, 
Maine, as soon as practicable following the enactment of this 
Act, subject to such terms and conditions, including 
appropriate reversionary provisions, as will in the judgment of 
the Secretary provide for the development and use of such 
property [by any town which so desires as a solid waste 
transfer station in accordance with a plan that is satisfactory 
to the town and the Secretary. The Secretary shall (subject to 
the availability of prior appropriations) contribute toward the 
cost of constructing such transfer station the lesser of--
          (1) $350,000, or
          (2) 50 per centum of the cost of such construction.]
for affordable workforce housing to benefit the towns on Mount 
Desert Island, subject to the limitation that the Secretary may 
retain not more than 15 acres of the Federal land identified as 
``4DBH'' on the map, to be used by the Secretary to provide 
housing and administrative facilities for the use of, and 
supporting the purposes of, the Park.

           *       *       *       *       *       *       *


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